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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · June 7, 2021

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Minutes

City of Bellingham City Council Regular Meeting Minutes June 7, 2021, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Deputy City Clerk Elisabeth Oakes Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On June 21, 2021 at 7:00 PM there will be a Public Hearing to consider City Council’s May 10, 2021 approval of an extension of a moratorium on the redevelopment of any of the ten manufactured home parks in Bellingham. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor happily announced that the Library reopened today. The remodel is complete and starting today the library will be opened with limited in person services and 50% capacity. remodel is finished and reopened today. He also provided a reminder to Bellingham residents that while fireworks celebrations are coming soon, fireworks are illegal within the city limits. Increased patrols from police will be employed in the days to come. The Port of Bellingham in partnership City of Bellingham Regular City Council Meeting Page 1 of 8 6/7/2021 Minutes with the Chamber of Commerce will host a fireworks display, Blast on the Bay, scheduled for July 4, 2021. Guidance continues to come from state and local health officials, the Governor's office, and others. The City continues to evaluate City services to develop our own plans to resume in-person services. More information will be forthcoming this month. 23007 1. Mayor's Appointment of Rachel Jewell to the Community Development Advisory Board (Information) The Mayor appoints Rachel Jewell to her first term on the Community Development Advisory Board, which will expire on June 1, 2024, at which time she may be reappointed. Information only. 23008 2. Mayor's Appointments of Tourism Commission Members (Information) The Mayor appoints Matt Lesinski to his first partial term, on the Tourism Commission, which will expire on April 3, 2023, at which time he may be reappointed. Information only. The Mayor appoints Christine Jenkins to her first term, on the Tourism Commission, which will expire on June 1, 2024, at which time she may be reappointed. Information only. The Mayor appoints Craig Jewell to his first term, on the Tourism Commission, which will expire on June 1, 2024, at which time he may be reappointed. Information only. 23009 3. Mayor's Reappointment and Appointment to the Mayor's Neighborhood Advisory Commission (Information) The Mayor reappoints Kurt Gazow, to his final term, as the Silver Beach Primary Representative to the Mayor's Neighborhood Advisory Commission, which will expire on June 26, 2023. Information only. The Mayor appoints Molly Foote to her first partial term, as the Samish Primary Representative, which will expire on November 11, 2022, at which time she may be reappointed. Information only. 23010 4. Mayor's Appointment of Mary Hooker to the Bellingham Sister Cities Board (Information) City of Bellingham Regular City Council Meeting Page 2 of 8 6/7/2021 Minutes The Mayor appoints Mary Hooker to her first partial term on the Bellingham Sister Cities Board, which will expire January 25, 2022, at which time she may be reappointed. Information only. Public Comment Period Public Comment was taken. City Council Special Meeting 23011 1. Closed Record Hearing to Consider a Street Vacation for a Portion of Queen Street North of Lakeway Drive, East of Puget Street and South of the Civic Field Open Space A Closed Record Hearing was held earlier in the day at a Special Meeting. A petitioner requested vacation of a portion of Queen Street to allow for a private, forced sewer main to be installed that would facilitate a proposed subdivision (townhouses). Staff recommends acceptance of the Hearing Examiner's Facts and Findings of the proposed vacation and to include acceptance of the appraised value and set compensation at $1,000.00. Hannah Stone / Gene Knutson moved to adopt the Hearing Examiner's recommendations and compensation of fair market value of $1,000.00. MOTION CARRIED 7-0. Hannah Stone / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23012 1. Update on Middle Fork Nooksack River Fish Passage Project (EN-0047) Presentation during Committee. An update on the progress of the removal of a large portion of the diversion dam was provided. Information only. 22994 2. Adoption of Draft 2022-2027 Transportation Improvement Program (TIP) City of Bellingham Regular City Council Meeting Page 3 of 8 6/7/2021 Minutes Michael Lilliquist / Daniel Hammill moved final approval of Resolution #2021-13. MOTION CARRIED 7-0. Planning Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23013 1. An Ordinance Amending the 2021-2022 Biennial Budget Adding a Plans Examiner Position in the Development Services Fund This item was brought forth to request Council approval amending the budget to add a Plans Examiner position in the development services fund. Lisa Anderson / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. Parks and Recreation Gene Knutson, Chair Pinky Vargas, Lisa Anderson 23014 1. Third Modification to Lease Agreement – Craft Studio at Boulevard Park (Woods Coffee) The amendment to the lease provides additional square footage and a new restroom. Woods Coffee Inc and the City have agreed to modify the attached restrooms and storage room to the rentable area and adjust the base rent and leasehold tax accordingly. The Woods Coffee Inc also agrees to pay all charges for water utilities and be responsible for all restroom maintenance, repairs, daily cleaning, and security. Gene Knutson / Pinky Vargas moved approval to authorize the Mayor to enter into a lease modification of Craft Studio space (Woods Coffee) at Boulevard Park. MOTION CARRIED 7-0. 22982 2. An Ordinance Amending BMC Chapter 8.04 Regarding Parks and Trails and Providing New Rules for Electric-Assisted Bicycles on Trails, Prohibiting Smoking, Reducing Speed Limits, and Other Updates Discussion during Committee. After the Public Hearing was held on May 24, 2021, public input provided Council with changes to consider. Council sent the changes back City of Bellingham Regular City Council Meeting Page 4 of 8 6/7/2021 Minutes to the Parks and Recreation Committee and instructed no change to 8.04.080 Overnight Camping, and removal of the new section 8.04.170 restricting drones. Gene Knutson / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. Committee of the Whole Hannah Stone, Chair Gene Knutson, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22971 1. Fire Department Strategic Plan Presentation during Committee. Fire Chief continued an update on the presentation and summary of goals of the Fire Department. The four goals listed in the strategic plan are as follows: 1. Stabilize the staffing 2. Continue recruitment efforts to maintain an active hiring list in preparation of a significant number of retirements. 3. Continue to promote a culture that values diversity within the organization. 4. Improve the EMS response and support system. Information only. 23015 2. Discussion of Options for Civilian Oversight of Law Enforcement in Bellingham Discussion during Committee. Council directed staff to assist them further with a "review and audit" hybrid type models of oversight boards to bring back for discussion at a future meeting. 3. Approval of Minutes Gene Knutson / Hollie Huthman moved approval of the May 24, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Dan Hammill abstained. 4. Old/New Business City of Bellingham Regular City Council Meeting Page 5 of 8 6/7/2021 Minutes None. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 5. Litigation: Eldard v. City of Bellingham et al. Staff provided information on a litigation matter. For information and discussion. No action taken. 6. Litigation: Fox v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 7. Litigation: Young v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 8. Litigation: Lev vs. City of Bellingham and Seth Fleetwood Staff provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 8 6/7/2021 Minutes Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 23016 1. Authorization of Payroll Labor Cost Payments Dated May 01, 2021 to May 15, 2021 23017 2. Authorization of A/P Transactions Issued May 07, 2021 through May 13, 2021 23018 3. Authorization of A/P Transactions Issued May 14, 2021 through May 20, 2021 23019 4. Authorize the Mayor to Enter Into an Interlocal Agreement Between the City of Bellingham and Whatcom County for Whatcom Unified Command COVID- 19 Support Services 23020 5. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for "Center Street" Located Between D, E, Astor and Bancroft Streets in Old Town Gene Knutson / Daniel Hammill moved final approval of Resolution #2021-14. MOTION CARRIED 7-0. Gene Knutson / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22979 1. James Street Preferred Arterial Standard Ordinance Hannah Stone / Gene Knutson moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: Stone, Knutson, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-06-024. Adjournment There being no further business, the meeting adjourned at 7:46 PM. City of Bellingham Regular City Council Meeting Page 7 of 8 6/7/2021 Minutes Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 6/21/2021 City of Bellingham Regular City Council Meeting Page 8 of 8 6/7/2021 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda June 7, 2021, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Deputy City Clerk Elisabeth Oakes Please note the doors to City Hall unlock at 6:30 PM. Council members will participate in this meeting remotely through an online web-based meeting platform. Per Washington State Proclamation 20-28, in-person attendance at meetings is prohibited at this time. Council meetings are streamed live via the City’s website at meetings.cob.org and on the City’s YouTube channel. Meetings are broadcast in high definition on BTV on Comcast channel 321, and in standard definition on Comcast channel 10. Anyone wishing to comment during the regular public comment period is invited to do so. Advance written public hearing testimony is encouraged and can be presented to the Council by mail (210 Lottie Street, Bellingham, WA 98225), online https://engagebellingham.org/council-public-comment), or by telephone (360-778-8200). To present live testimony during the 15-minute public comment period, pre-registration through the meeting link (https://cob.org/ccsignup) is encouraged but not required. Anyone wishing to testify live during the meeting may join remotely via https://cob.org/cczoom. Those who would like to listen in by phone can do so using any of the following phone numbers:  (253) 215-8782  (346) 248-7799  (669) 900-6833  (301) 715-8592  (312) 626-6799  (929) 205-6099 Meeting ID: 941 9601 5179 Password: 9 The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. 1. On June 21, 2021 at 7:00 PM there will be a Public Hearing to consider City Council’s May 10, 2021 approval of an extension of a moratorium on the redevelopment of any of the ten manufactured home parks in Bellingham. Roll Call Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23007 1. Mayor's Appointment of Rachel Jewell to the Community p. 6 Development Advisory Board (Information) 23008 2. Mayor's Appointments of Tourism Commission Members p. 9 (Information) 23009 3. Mayor's Reappointment and Appointment to the Mayor's p. 24 Neighborhood Advisory Commission (Information) 23010 4. Mayor's Appointment of Mary Hooker to the Bellingham Sister Cities p. 27 Board (Information) Public Comment Period City Council Special Meeting 1:00 PM 23011 1. Closed Record Hearing to Consider a Street Vacation for a Portion of p. 30 Queen Street North of Lakeway Drive, East of Puget Street and South of the Civic Field Open Space The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works and Natural Resources 1:10 PM Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23012 1. Update on Middle Fork Nooksack River Fish Passage Project (EN-0047) p. 91 22994 2. Adoption of Draft 2022-2027 Transportation Improvement Program p. 108 (TIP) Planning 1:40 PM Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23013 1. An Ordinance Amending the 2021-2022 Biennial Budget Adding a p. 142 Plans Examiner Position in the Development Services Fund Parks and Recreation 1:45 PM Gene Knutson, Chair Pinky Vargas, Lisa Anderson 23014 1. Third Modification to Lease Agreement – Craft Studio at Boulevard p. 146 Park (Woods Coffee) 22982 2. An Ordinance Amending BMC Chapter 8.04 Regarding Parks and Trails p. 154 and Providing New Rules for Electric-Assisted Bicycles on Trails, Prohibiting Smoking, Reducing Speed Limits, and Other Updates Committee Of The Whole 2:00 PM Hannah Stone, Chair Gene Knutson, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22971 1. Fire Department Strategic Plan p. 165 23015 2. Discussion of Options for Civilian Oversight of Law Enforcement in p. 318 Bellingham 3. Approval of Minutes 4. Old/New Business Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps approx. 3 min) 2. Potential Property Acquisition (Stamps approx. 3 min) 3. Potential Property Acquisition (Stamps approx. 3 min) 4. Potential Property Acquisition (Stamps approx. 3 min) 5. Litigation: Eldard v. City of Bellingham et al. (Brady approx. 10 min) 6. Litigation: Fox v. City of Bellingham (Brady approx. 10 min) 7. Litigation: Young v. City of Bellingham (Brady approx. 15 min) 8. Litigation: Lev vs. City of Bellingham and Seth Fleetwood (Marriner approx. 30 min) Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 23016 1. Authorization of Payroll Labor Cost Payments Dated May 01, 2021 to p. 354 May 15, 2021 23017 2. Authorization of A/P Transactions Issued May 07, 2021 through May p. 355 13, 2021 23018 3. Authorization of A/P Transactions Issued May 14, 2021 through May p. 356 20, 2021 23019 4. Authorize the Mayor to Enter Into an Interlocal Agreement Between p. 357 the City of Bellingham and Whatcom County for Whatcom Unified Command COVID-19 Support Services 23020 5. A Resolution Setting the Date and Time for a Public Hearing Before p. 363 the Hearing Examiner for Consideration of a Street Vacation Petition for "Center Street" Located Between D, E, Astor and Bancroft Streets in Old Town Final Consideration of Ordinances 22979 1. James Street Preferred Arterial Standard Ordinance p. 367 Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at https://meetings.cob.org. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV Bellingham at the times listed on the Agenda. Committee session start times between 9:00 AM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org within 5 business days following each meeting. BTV Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available, and a receiver may be checked out through the Deputy City Clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, June 21, 2021 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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